DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-7 and 10-18 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Robert Smith (2017/0164994).
Referring to claim 1, Smith teaches an electrosurgical apparatus comprising: an oscillator (336a-336d) for generating electromagnetic energy (paragraph 0062); a controller (334) operable to select an energy delivery profile for the oscillator (paragraph 0065); a feed structure (352) for conveying the electromagnetic energy to an output (24/36) (paragraphs 0047, 0060, 0062, 0067; Figures 1, 7 and 8); a rechargeable power source (322) arranged to supply power to the oscillator (paragraphs 0060-0066; Figures 7 and 8); and a receiver circuit (420) comprising an inductive coupler configured to wirelessly receive power from a transmitter and supply received power to the rechargeable power source (paragraph 0064), wherein the feed structure (352) comprises a transformer (52), and wherein the inductive coupler comprises a secondary coil (422) of the transformer (52) (paragraphs 0062-0066 and 0074-0075; Figures 1, 7 and 8).
Referring to claims 3 and 4, Smith teaches wherein the apparatus comprises a radiofrequency electromagnetic energy generator, and wherein the feed structure comprises a radiofrequency channel and/or microwave channel to convey the radiofrequency electromagnetic energy to the output (paragraphs 0054, 0091 and 0097).
Referring to claim 5, Smith teaches wherein the rechargeable power source is a lithium-ion polymer battery (paragraph 0060).
Referring to claims 6 and 7, Smith teaches a switching circuit operable to switch the rechargeable power source between a first mode for receiving power from the receiver circuit and a second mode for providing power to the oscillator (paragraphs 0060-0066 and 0074-0075; Figures 1, 7 and 8) and wherein the controller is configured to operate the switching circuit (paragraph 0065).
Referring to claims 10-12, Smith teaches comprising an electrosurgical instrument connected to receive electromagnetic energy from the output (paragraphs 0054, 0091 and 0097; Figure 1), wherein the electrosurgical instrument is detachably connected to the output (paragraphs 0048-0051; Figures 1-8) and wherein the electrosurgical instrument is a bipolar cutting tool (paragraph 0051; Figures 1-8).
Referring to claim 13, Smith teaches wherein the electrosurgical apparatus comprise a housing which is adapted to be handheld by a user (paragraph 0049-0050; Figure 2A).
Referring to claim 14, Smith teaches an electrosurgical apparatus according to claim 1 as described above and a transmitter for wirelessly providing power to the electrosurgical apparatus (paragraphs 0061 and 0074).
Referring to claim 15, Smith teaches wherein the transmitter comprises a transmitter circuit having a transmitting inductive coupler arranged to transmit power to the receiver circuit via inductive coupling (paragraph 0047 and 0064; Figures 7 and 8).
Referring to claim 16, Smith teaches wherein the transmitter comprises a housing which is adapted to receive a portion of the electrosurgical apparatus (paragraphs 0047, 0051, 0054, 0060-0066, 0074, 0077, 0087, 0088, 0091 and 0097; Figures 1-9).
Referring to claim 18, Smith teaches wherein the oscillator (336a-336d) is electrically connected to a primary coil of the transformer (52) (paragraphs 0062-0066 and 0074-0075; Figures 1, 7 and 8).
Referring to claim 19, Smith teaches wherein the controller (334) is configured to selectively electrically connect the rechargeable power source to the oscillator (336a-336d) (paragraph 0065).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Robert Smith (2017/0164994) as applied to claims 1 and 14 above, and further in view of Paul Mazurek (2014/0347791).
Referring to claim 2, Smith fails to teach a turn ratio of the transformer. Mazurek teaches an analogous portable power distribution apparatus comprising a transformer such that for every one turn of a primary coil of the transformer there are at least ten turns of a secondary coil of the transformer (paragraph 0005). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the transformer, as taught by Smith, to have one turn of a primary coil of the transformer and at least ten turns of a secondary coil of the transformer, as taught by Mazurek, in order to form a step down transformer (paragraph 0005).
Claims 8, 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Robert Smith (2017/0164994) as applied to claims 1 and 14 above, and further in view of Hibner et al (2015/0245850).
Referring to claims 8, 9 and 17, Smith fails to teach wired charging. Hibner et al teaches an analogous electrosurgical apparatus wherein the receiver circuit is configured to allow wired charging of the rechargeable power source such that the output forms a connector configured to receive energy for charging the rechargeable power source and teaches a wired charger configured to form a wired electrical connection with electrosurgical apparatus for providing wired power transfer to the electrosurgical apparatus (paragraph 0159). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrosurgical apparatus, as taught by Smith, to have a wired charger, as taught by Hibner et al, as a means to charge the battery (paragraph 0159).
Response to Arguments
Applicant's arguments filed September 5, 2025 have been fully considered but they are not persuasive. Figures 7 and 8 of Smith are not two separate embodiments but rather are showing different elements of a single invention that are usable together. The arguments assume that Figure 7 and Figure 8 are separate inventions that are not usable together in the same system. Smith teaches that the battery circuitry (330) can be connected to both the device circuitry (24) as shown in Figure 7 when the electrosurgical instrument is in use and therefore conveying the electromagnetic energy to an output. Smith teaches in Figure 8 that the same battery circuitry (330) can then be connected to the charging circuitry (receiver circuit) (420) to supply received power to the rechargeable power source. Therefore the examiner maintains the rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA M GOOD whose telephone number is (571)270-7480. The examiner can normally be reached Mon to Wed, 7am to 3pm.
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/SAMANTHA M GOOD/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794